Ellie F. Chapman
Ellie is a technology litigator with experience in privacy and data security, consumer protection, and copyright law.
Ellie Chapman has litigated in federal and state courts throughout the country and has defended clients in consumer class actions, including actions brought under the California Consumer Privacy Act (CCPA), the Illinois Biometric Information Privacy Act (BIPA), the Children's Online Privacy Protection Act (COPPA), California's Unfair Competition Law, Cal. Civ. Code Section 17200, and other state consumer protection statutes, state and federal data breach statutes, and other laws governing privacy and security. She routinely litigates disputes involving the Computer Fraud and Abuse Act (CFAA), Section 230, California's anti-SLAPP statute, Cal. Civ. Code Section 425.16, and the First Amendment.
Recognizing that the best litigation advice is to avoid claims in the first place, Ellie helps clients with product counseling and compliance issues informed by her litigation experience. She regularly advises clients on how to comply with privacy and data protection laws, including the California Privacy Rights Act (CPRA) and laws addressing the collection and use of biometric data, internet-based and mobile advertising, data monetization, and related business practices. She has represented and advised clients in the social media, cloud computing, gaming and esports, and financial technology (fintech) sectors.
In her active pro bono practice, Ellie represents several individuals seeking asylum, and acts as pro bono counsel to the Washington Wildlife and Recreation Coalition (WWRC).
Areas of focus
Education & Credentials
Education
- University of Virginia School of Law, J.D., Editorial Board, Virginia Law and Business Review
- Dartmouth College, B.A., English
Bar and Court Admissions
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Washington
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California
- U.S. Court of Appeals for the Ninth Circuit
- U.S. District Court for the Western District of Washington
- U.S. District Court for the Central District of California
- U.S. District Court for the Eastern District of California
- U.S. District Court for the Northern District of California
- U.S. District Court for the Northern District of Illinois
Related Employment
- Morgan Lewis & Bockius, San Francisco, CA, Associate, 2015-2019
Professional Recognition
Recipient, Excellence in Pro Bono Service award for successful representation of asylee, 2018
Recipient, Excellence in Pro Bono Service award for the successful representation of local residents facing housing eviction, 2017
Recipient of Antitrust Writing Award, Concurrences, 2017
Recipient of Certificate of Honor from the District Attorney of San Francisco for the Investigation into the SFPD for Bias in Use of Force, Culminating Report, and Participation in the Amendment of the SFPD’s Use of Force Policy (“Blue Ribbon Panel Investigation and Report”), 2016
Recipient, Excellence in Pro Bono Service award for the Blue Ribbon Panel Investigation and Report, 2016
Impact
Professional Leadership
- Washington Wildlife and Recreation Coalition, Pro Bono Counsel
- Certified U.S. Information Privacy Professional (CIPP/U.S.) through the International Association of Privacy Professionals (IAPP)
Professional Experience
Lugo v. Amazon.com, Inc.
U.S. District Court for the Western District of Washington
Represented Amazon.com in defense of action alleging unlawful retention of consumers’ video rental histories under state-based Video Privacy Protection Act (VPPA) statutes. Obtained Rule 12 dismissal of complaint based on lack of Article III injury, with court holding that mere retention of video rental histories does not constitute cognizable legal harm. 2023 WL 6241200 (W.D. Wash. Sept. 26, 2023).
Defense of Amazon.com, Inc., Amazon.com Services LLC And Amazon Web Services, Inc. In Multiple Putative Class Actions Under the Illinois Biometric Information Privacy Act
U.S. District Court for the Western District of Washington
U.S. District Court for the Northern District of Illinois
Circuit Court of Illinois, Cook County
Litigation counsel for Amazon and Amazon Web Services in multiple putative class actions alleging violations of the Illinois Biometric Information Privacy Act (BIPA) in connection with various products and services, including the Rekognition software service.
S.A. and P.B. v. University of Washington
Superior Court for the State of Washington, King County
Lead counsel for the University of Washington in putative class action arising from an alleged data breach involving the personal information and protected health information of approximately one million patients of UW Medicine. Plaintiffs asserted multiple statutory and common law claims, including for violation of Washington’s Breach Notice Statute, Uniform Health-Care Information Act, AIDS Omnibus Act, and Release of Records for Research Act, as well as for negligence, breach of fiduciary duty, breach of express and implied contract, and unjust enrichment. Perkins Coie achieved dismissal of all claims with statutory damages at the pleadings stage, then twice defeated class certification, after which plaintiffs dismissed all remaining claims with prejudice.
Barnes v. Hanna Andersson et al.
U.S. District Court for the Northern District of California
Successfully defended Hanna Andersson in the first data breach putative class action filed under the California Consumer Privacy Act (CCPA), also alleging claims under California’s Unfair Competition Law, Cal. Civ. Code Section 17200 and for negligence. Obtained preliminary approval of class settlement with terms very favorable to Hanna Andersson, pending final approval.
Niantic v. Global++
U.S. District Court for the Northern District of California
Represented game company Niantic in high-profile lawsuit against hackers alleging copyright infringement, violation of the Computer Fraud and Abuse Act, and other claims. After several key early victories including obtaining a preliminary injunction against defendant hackers and a successful combined motion to dismiss and strike defendants’ affirmative defense and counterclaims under California’s anti-SLAPP statute, Perkins Coie achieved a favorable settlement agreement including $5 million in damages and extensive injunctive relief to prevent the hackers from creating hacks for Niantic products, selling products that use Niantic Code, or interfering with Niantic servers.